Police say Mize shot Burns on Oct. 7 after Burns pointed a handgun at the officer and refused to drop the weapon, which was later determined to be a pellet gun. Burns died later at a Little Rock hospital.

Casady said Mize responded to three disturbance calls that night involving Burns and his estranged girlfriend and on the final call he saw Burns run to a house where the woman was and heard him threaten her, then found Burns in the carport area of the home where Burns was shot.